Duval v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Foush.ee, J., at April Term, 1912, of JONES. Civil action to recover damages for wrongfully ponding water on plaintiff’s land, by reason of a culvert and defects therein under defendant’s roadbed.
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Appeal by defendant from Foush.ee, J., at April Term, 1912, of JONES. Civil action to recover damages for wrongfully ponding water on plaintiff’s land, by reason of a culvert and defects therein under defendant’s roadbed. The jury rendered the following verdict: 1. Have the lands and -crops of the plaintiffs been damaged by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. If so, in what amount? Answer: $200. 3. Is the plaintiff’s cause of action barred By the five-year statute of limitations? Answer: No. Judgment on the verdict, and the defendant excepted and…
1Opinion of the Court
Hoke, J.,
after stating the case: As a general rule, and in suits between parties other than railroads, the injury caused by wrongfully ponding or diverting water on the lands of another, causing damage, is regarded as a renewing rather than a continuing trespass, and, unless sustained in a manner and for sufficient length of time to establish an easement, damages therefor, accruing within three years next before action brought, can be recovered, though the injury may have taken its rise at a more remote period. Baldwin v. Roberts, 155 N. C., 276, opinion by Associate Justice Allen; and same…
2Cases cited6 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Roberts v. . BaldwinSupreme Court of North Carolina · 1909
- Spilman v. Roanoke Navigation Co.Supreme Court of North Carolina · 1876
- Roberts v. . BaldwinSupreme Court of North Carolina · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Long v. City of CharlotteSupreme Court of North Carolina · 1982
- Wilson v. McLeod Oil Co., Inc.Supreme Court of North Carolina · 1990
- Carolina & Yadkin River Railroad v. ArmfieldSupreme Court of North Carolina · 1914
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
- Moser v. City of BurlingtonSupreme Court of North Carolina · 1913
18 more not listed; retrieve them via the Exa API.